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Tag Archives: catastrophic injury

Five Things To Do After an Accident

By Heiting & Irwin |

Should you have the misfortune of being involved in an auto accident, it is important that you gather information and undertake a few responsibilities. These are the most important steps to take following a collision. Click here for a useful form that you can keep in your vehicle. This form will help you gather… Read More »

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ARE LAWSUIT SETTLEMENTS TAXABLE?

By Heiting & Irwin |

The simple answer to the question regarding the tax consequences of a settlement claim is it all depends on the nature of the settlement! Generally speaking, settlement money received from cases involving personal physical injury or physical sickness can be excluded from taxation (IRS Code sect. 104(a)(2)). Certain other types of settlement awards, (considering… Read More »

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IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?

By Heiting & Irwin |

An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury. If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing… Read More »

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BEWARE OF EXCLUSIONS IN AUTOMOBILE INSURANCE POLICIES

By Heiting & Irwin |

Heiting & Irwin My office was recently contacted by a young woman on a clear liability, rear-end automobile accident. She was driving “her” vehicle (one of many insured by the family) and she assumed she was an insured driver. Wanting to immediately obtain a replacement vehicle (rental car) she contacted “her” insurance company, only… Read More »

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YOUR RIGHT TO COUNSEL in CIVIL PROCEEDINGS

By Heiting & Irwin |

Heiting & Irwin You have likely heard or read on multiple occasions, the expression “you have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you…” (known as the Miranda warning). These are some of the rights of an individual charged with a crime. Criminals,… Read More »

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Injured on the Job? File for State Disability Benefits!

By Heiting & Irwin |

For the majority of the California Workers’ Compensation injury claims there is now a 104 week limit for temporary total disability – compensation payments made to an injured worker while unable to work because of the injury. This benefit is paid based upon two-thirds of an employees’ average weekly wage (up to certain state… Read More »

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KNOW YOUR LIMITATIONS

By Heiting & Irwin |

Heiting & Irwin “Statutes of Limitations” are the laws which place a time limit upon the length of time one has to file a lawsuit, whether it be a civil complaint or the prosecution of someone for committing a crime. The time limits vary depending upon the nature of the claim or the crime… Read More »

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RIGHT TO EMERGENCY MEDICAL CARE

By Heiting & Irwin |

Regardless of your insurance status, you are eligible to receive emergency medical care within the State of California. You have the right to receive emergency care at any licensed facility with an emergency room. You have the right to be treated until your emergency medical condition is stabilized when you go to a hospital… Read More »

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It is GPS Monitoring, not GPS Tracking

By Heiting & Irwin |

“Wow…thank you. I didn’t realize GPS would be so interesting.” That was the most repeated comment by attendees at the last meeting of the Riverside County Barristers Association after Petra Fuhriman co-owner of GPS Monitoring Solutions explained the difference between tracking and real-time, 24/7 GPS monitoring. Although it was the second meeting of the… Read More »

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Hazardous Recreational Activities

By Heiting & Irwin |

Imagine yourself on your day off, participating in your favorite recreational activity, on public property. Whether it’s mountain biking, kayaking, off-road motorcycling/four-wheeling, surfing, or water skiing, what is your recourse should you sustain an injury by participating in that activity? Generally speaking, the Government Code of the State of California provides that neither a… Read More »

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